This Complaint coming up before us for hearing on 13-06-11 in the presence of Sri Sd. Baji Bala, advocate for complainant and opposite party remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-
O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint U/S 12 of Consumer Protection Act seeking a direction to the opposite party for providing information sought in his letter dated 02-06-10 and Rs.25,000/- as compensation for not supplying the requisite information.
2. In brief the averments of the complaint are these:
The complainant paid Rs.10/- to the opposite party seeking information under RTI Act and some details relating to two survey reports connected to his house site. The opposite party did not provide entire information.
3. Opposite party remained exparte.
4. Exs.A-1 to A-7 were marked.
5. Now the points that arose for consideration in this case are:
- Whether the opposite party committed deficiency of service?
- To what relief?
6. POINT No.1:- Ex.A-3 letter addressed by the opposite party on 07-07-10 to the complaint revealed that the report dated 04-04-09 as per detailed town survey record and report dated 27-12-09 as per registered documents were furnished to him.
7. The complaint revealed that in OS 390/05 on the file of I Addl. Junior Civil Judge the GMC surveyor Mr. S. K. Kumar filed certain reports.
8. The information sought by the complainant as mentioned in the complaint are
“Municipal Authorities have not given the replies for the following points of my letter dated 02-06-10.
1. In the third point of my letter dated 02-06-10 I pointed out that without mentioning the relevant documents how the GMC surveyor arrive our total site as 13.81 cents at point No.4 of his survey report dated 27-12-09 (annexure-5). He mentioned square yards in one survey report and sends in the second report. The two total areas are different and are given in different units (square yards and cents) and hence reasons are asked for different versions. No specific reply is received till date.
2. In the point No.5 of my letter dated 02-06-10, I asked the Guntur Municipal Corporation Commissioner “is there any objection to hand over any one of the sites measurements (on 04-04-09 as 634.375 sq. yards and on 27.12.2009 as 13.81 cents) to us according to the GMC surveyors reports, which were already submitted to the Hon’ble Court of I Addl. Junior Civil Judge, Guntur in connection to OS No.390/2005.
No reply is given till today.
3. In the point No.6 of my letter dated 02-06-10, I enquired whether the measurements given in the two survey reports dated 04-04-09 (Annx-4) and 27-12-09 (Anne-5) have been tallied with that of the survey No.329.
No reply is given till today.
4. In the point No.7 of my letter dated 02-06-10, I enquired whether the measurements given in the rough sketch submitted by the town surveyor along with his survey report dated 27-12-09 (Annx-5) is tallying with that of the site in T.S.No.330.
No reply is given till today.
- In the point No.9 of my letter dated 02-06-10, I enquired of the area of the remaining site in the T.S.No.330 excluding the area of the gully that exists as per the point No.3 of the town surveyor report dated 27-12-09 (Annex-5).
No reply is given till today”.
9. The complaint prima-facie revealed that the complainant entertained certain doubts in respect of reports dated 27-12-09 and 04-04-09 and made queries to the opposite party corporation for answer. In our considered opinion the opposite party is not bound to answer the doubts unless examined in a Court of Law.
10. I already observed that Ex.A-3 revealed that reports sought by the complainant were furnished to him by the opposite party. It can therefore be said that the opposite party did not commit any deficiency of service. Therefore the complainant is not entitled to any compensation.
In the result the complaint is dismissed without costs.
Dictated to junior stenographer, transcribed by her, corrected by me and pronounced in the open Forum dated this the 16th day of June, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 02-06-10 | Copy of letter of complainant addressed to GMC Commissioner |
A2 | 08-07-10 | Copy of the public information officer GMC RTI No.10104/2008 APIO |
A3 | 27-12-09 | Copy of GMC surveyor report |
A4 | 24-07-10 | Copy of letter of complainant addressed to the Appellate Authority GMC |
A5 | 21-08-10 | Copy of Appellate Authority GMC RTI Appeal No.20/10 |
A6 | 17-08-10 | Copy of the city planner GMC endorsement RTI letter |
A7 | - | Copy of the detailed town survey register copy. |
For opposite party: NIL
PRESIDENT
